Loading...
04-853Council File # o y - �53 Green Sheet # 3021478 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presented By Referred To Committee: Date 2 3 4 5 6 7 WHEREAS, Neighborhood Housing & Property Improvement has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-story, wood frame, dwelling and the detached, two-stall, wood frame gazage located on property hereinafter referred to as the "Subject Property" and commonly known as 596 Wells Street. This property is legally described as follows, to wit: I,ot 11, Block 36, Stinson's Subdivision of Block 36 Arlington Hills Add. to St. Paul. 8 9 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information 1 O obtained by Neighborhood Housing & Property Improvement on or before February 29, 2004, the 1 1 following are the now known interested or responsible parties for the Subject Property: Eugene Windom 12 & Cazolyn Windom, 596 Wells St., St. Paul, MN 55101-4135; CiUFinancial Services, Inc., c/o 13 CitiFinancial Mrt Co Inc., P.O. Box 140639, Irving, TX 75014-0639; Peterson, Fram & Bergman, Suite 14 300, 50 E Fifth Street, St. Paul, MN 55101; Morequity, Inc., 5010 Carriage Drive, Evansville, IN 47715 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 WHEREAS, Neighborhood Housing & Property Improvement has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated May 18, 2004; and WIIEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by June 17, 2004; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Neighborhood Housing & Property Improvement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul I.egislative Code, of the time, date, place and purpose of the public hearings; and AA-ADA-EEO Employer 0�1- 8s3 � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 WHEREAS, a hearing was held before the I.egislative Hearing Officer of the Saint Paul City Council on Tuesday, August 24, 2004 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the pubiic peace, health, safety and welfare and remove its blighring influence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with all applicabie codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, September l, 2004 and the testimony and evidence including the action taken by the I.egislaUve Hearing Officer was considered by the Council; now therefore BE TT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 596 Wells Street: That the Subject Property comprises a nuisance condition as defined in Saint Paul Lzgislative Code, Chapter 45. 2. � C! 7 That the costs of demolition and removal of this building(s) is estimated to exceed three thousand dollars ($3,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to conect the deficiencies ar to demolish and remove the building(s). That the deficiencies causing this nuisance condition have not been corrected. That Neighborhood Housing & Property Improvement has posted a placard on the Subject Property which declazes it to be a nuisance condition subject to demolition. That this building has been routinely monitored by Neighborhood Housing & Property Improvement, Vacant/Nuisance Buildings. That the known interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. ORDER The Saint Paul City Council hereby makes the following order: L The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, heaith, safety and welfaze and remove its blighring influence on the community by rehabilitating this structure and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with a11 applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. AA-ADA-EEO Employer D�f-$S3 1 2. If the above corrective action is not completed within this period of time Neighborhood Housing 2 & Property Improvement is hereby authorized to take whatever steps are necessary to demolish 3 and remove this shucture, fill the site and charge the costs incurred against the Subject Property 4 pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 5 6 7 8 9 10 11 12 13 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. ff all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul I.egislative Code. Yeas Navs Absent Benanav � Montaomerv �/ Bostrom � ThL Haz Lar, xel Adop Adop By: Appr By: Requested by Department of: AA-ADA-EEO Employer Nei hborho d fiousin Pro ert Im�rovement Bv: /���1' �� oy- g s3 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DeparhnenVofficelcouncil: Date Initiated: NH — NeighborhoodHousing/Pioperty �-���-� Green Sheet NO: 3021478 " Contact Person & Phone: Deoartment Sent To Person InitiaVDate Andy Dawkins � , 0 ' borhood Ho ' o r V 26&7927 ASSign 1 ' borhoodHo ' o r De tDirector ��( Must Be on Council Agenda by (Date): Number y :� Attornev i 8�G'� � 0"I-SEP-04 For Routing 3 a or's Office Ma or/ASSistant Order 4 0 �� 5 i Clerk Ci Clerk Total # of Signature Pages _(Clip NI Locations for SignaTUre) Action Requested: City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject properiy is located at 596 Wells Street Recommendations: Approve (A) or Rejed (R): Personal Service Contracts Musi Mswer the FollOwing �uestions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No I Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislarive Code. The owners, interested parties and responsible parties lmown to the Enforcement Officer were given an order to repair or remave the building at 596 Wells Street by June 17, 2004, and have failed to comply with those orders. AdvanWges If Approved: The City will eliminate a nuisance. A� ��a 6 1,P�A q k"5€� DisadvantageslfApproved: The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. Disadvantages If Not Approved: A nuisance condition will remain unabated in the City. This building(s) will conrinue to blight the community. Total Amount of 8000 CosURevenue Budgeted: Y Transaction: Funding source: Nuisance Housing ac�ivi�y Number: 30251 �q� ¢��g����n �pt �#�i Financiallnformation: Abafement (Explain) AUG 0 6 20�4 oy- �s3 DNISION OF PROPERTY CODE EYFORCEMENT Artdy Dawkins, Progr¢m Manager CTI'I' OF SAINT PAIJI , Nuicance Building Cade £nforcement Randy C. Kelly, Hfayor 1600 North White BearAvenue Saint Paul, MN 55/06 July 30, 2004 NOTICE OF PUBLIC HEARINGS Councii President and Members of the City Council � i � i al, Nei�hborhood Housin� & Property Improvement , VacanUNuisance Buildings Enforcemen[ Division has requested the City Council schedule public hearings to consider a resolution . ordering the repair or removal of the nuisance building(s) located at: 596 Wells Street The City Council has scheduled the date of these hearin�s as follows: Legislative Hearing - Tuesday, August 24, 2004 Cit3• Council Aearing - Wednesday, September 1, 2004 The owners and responsible parties of record are: Name and Last Known Address Eu�ene Windom / Carolyn Windom 596 Wells St. St. Paul, NL�T 55101-4135 Interest Fee Owner CitiFinancial Services, Inc. c/o CitiFinancial Mrt Co Inc. P.O. Box 140639 Irvin�, TX 7�014-0639 Pet�rso�. Fz*n � Ber9**�an c� .;{}� � �. i���n �� s ?�'_� '�3�1 1 �itf 1i '� � .li� .u. � f - -i� ' � Tar Owner, ho�der of first mort�age ��one� :or `r.oI��r of frrs �ors�Qe �oiae: ai se: and morc�_�e Te[: 657466-1900 Fax: 651-266-1926 COIP�?� �8v�?rCh;!^,.,'`� oy- 8'S 596 Wells Street 7uly 30, 2004 Pa�e 2 The legal description of this property is: Lot il, Block 36, Stinson's Subdivision of Block 36 Arlington Hills Add. to St. Paul. Nei�hborhood Housina & Property Improvement has declazed this buildin�(s) to constitute a "nuisznce" as defined by Legislative Code, Chapter 4�. Nei�hborhood Housing & Property Improvement has issued an order to the then known responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razin� and removin� this buildin�(s). Inasmuch as this Order to Abate has not been complied with the nuisance condition remains unabated, the community continues to suffer the blightin� influence of this property. It is the recommendation of the Neighborhood Housing & Property Improvement tha[ the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failin� that, authorize the Neighborfiood Housing & Property Improvement to proceed to demolition and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, 1.+ . . � � . . Steve Maaner Vacant Buildings Supervisor Neighborhood Housin� & Property Improvement SM:mi cc: Frank Bera, Buildins Inspection and Design Meghan Riley, City Attomeys Office MarvErickson_ Assistant Secrerarv to the Coancii '�.�r� �ia� P�-Hoc_�� D+ �;sic- � a �_nna.FCn F,,,,.�,.,,.. LEGISLATIVE HEARING MINLTTES OF AUGUST 24, 2004 o`�- �3 �-���� Page 8 compliance date of July 2. As of this date, the property remains in a condition which comprises a nuisance as defined by the legislative code. They have boarded the building to secure it against trespass. The vacant building fees are due. Taacation has placed an estimated market value of $30,000 on the land and $73,000 on the building. As of September 14, 2004 a Code Compliance Inspection has not been applied nor a bond posted. NHPI estimates the cost to repair is $75,000 to $100,000; the estimated cost to demolish is $7,000 to $8,000. Ms. Moermond asked was the information listed in the Order to Abate gathered through a Code Compliance Inspection, as she does not see things enumerated in this way normally. Mr. Terbeek responded that this was a building deficiency inspection of unusual diligence. Ms. Moermond recommends approval for the following reasons: the registration fees are due, a bond has not been posted, an owner or mortgage holder aze not present. � Resolution ordering the owner to remove or repair the building(s) at 596 Wells Street. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building(s). (No one appeared to represent the properiy. Mr. Terbeek submitted photographs.) Mike Terbeek reported the building has been vacant since August 13, 2003. The current owner is CitiFinancial Services, Inc. A last minute phone call was received from a Robert Moore, who indicated that there was a purchase agreement, CitiFinancial was intending to buy the property and haue it rehabilitated. A purchase agreement was f�ed to NHPI. Six suinmary abatement notices were issued to cut grass/weeds, remove debris, remove rubbish and scrap from garage, secure gazage door, remove snow/ice, board window, resecure garage service door. On May 11, 2004, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on May 18, 2004, with a compliance date of June 17. As of this date, the property remains in a condition which comprises a nuisance as defined by the legislative code. The City has had to board this building to secure it against trespass. Vacant building registration fees are due. Taxation has placed an estimated market value of $34,300 on the land and $83,500 on the building. As of August 24, 2004 a Code Compliance Inspection has not been applied for nor a$2,000 bond posted NFIPI esrimates the cost to repair this structure is $60,000; estimated cost to demolish, $7,000 to $8,000. There has been foreclosure proceedings commenced against the homeowner by CityFinancial Services, which has a lien on the property. The statutory period of redemption for this foreclosure ends on September 23, 2004. Marcia Moermond asked has the City performed any of the stumnary abatement notices. Mr. Terbeek responded the City acted on each one. Ms. Moermond stated they have not had the building inspected, they haue not posted the bond, the bank has not paid these fees, and the City has had to do maintenance on the exterior of the shucture, and the bank is now e-mailing the City. It is hard for her to believe that the bank is now going to be a responsible owner and make sure this is properly rehabilitated. Mr. Terbeek responded they received a O�-g53 LEGISLATIVE HEARING MINUTES OF AUGUST 24, 2004 Page 9 different address for CitiFincial Services. There may have been some miscommunication in the bank itself. Ms. Moermond recommends approval of the assessment. The Ciry also notified Peterson, Fram and Bergtnan, attorney, and Morequity, which is the holder of a second mortgage on the property. They have done more than their due diligence. The conditions aze deplorable. It is a decrepit physical structure. Ms. Moermrond requested some interior photographs. The hearing was adjoumed at 11:36 a.m. �